""" This category was closed following the UK's departure from the European Union (EU). We have left this page here for legacy purposes. You should review the EU Settlement Status and EUSS Family Permit pages which are the current relevant categories. ***
An EEA Family Permit is an immigration document issued to a non European Economic Area (EEA) national, who is a family member of an EEA national pursuing specified activities in another member state. It has its legal basis from the Free Movement Directive 2004/38/EC (the Directive).
The aim of the Directive was to enable nationals of member states of the European Community to move freely from one member state to another in order to live, study or work with their families to support the ‘common market’ or in other words, to promote 'Freedom of Movement' between member states, where the Directive was engaged, in pursuance of the economic aim to establish the market.
The UK has transposed the Directive into the Immigration (European Economic Area) Regulations 2006 (EEA Regulations 2006). It should be noted that the EEA Regulations 2006 were not a literal transposition of the Directive, but was the UK government’s interpretation of it, which led to litigation. The European Court of Justice (ECJ) is the final arbiter of disputes relating to the interpretation of the Directive.
The EEA Regulations 2006 allowed EEA nationals and their families to enter the UK for up to 3 months. If an EEA national intended to stay for more than 3 months he had to either seek work, or work (through both employment or self employment), study or be ‘economically self sufficient’ – these are commonly referred to as pursing an ‘EEA Treaty Right’.
If an EEA national pursued an EEA Treaty Right, then his spouse and other family members have the ‘Right’ under EEA law to also live and work in the UK.
The EEA national or their non EEA family members did not have to formally apply for documentation to evidence their right to stay in the UK once the EEA national exercises the EEA Treaty Right, but should have done so for administrative reasons as the EEA Family Permit issued in the UK was evidence that they could enter, live and work here.
The EEA national was not required to apply for any documentation in advance of his travel to the UK - all that was required was the production of his valid passport or ID card on entry.
Once in the UK an EEA national who had engaged EEA laws, could have applied for an EEA Residence Certificate to evidence his right to live in the UK.
EEA Family Permit
The EEA Family Permit was issued to family members and should have been applied overseas. The EEA Family Permit would normally be issued to the family member where the EEA national was exercising an EEA Treaty Right.
Once issued, the EEA Family Permit was valid for 6 months. If the non EEA national had an EEA Family Permit they should have been admitted to the UK. If the non EEA national travelled to the UK without an EEA Family Permit then he would have to satisfy an Immigration Officer of his right to enter the UK and therefore risks non admission to the UK.
Once admitted to the UK, the non EEA national could then apply for an EEA Residence Card.
Click on the links below for more detailed information about EEA Family Permits.
